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A05321 Summary:

BILL NO    A05321 

SAME AS    No same as 

SPONSOR    Gibson

COSPNSR    Santabarbara

MLTSPNSR   

Ren S16-n to be S16-u, add S16-w, UDC Act

Establishes the urban and regional farmers' markets facilities construction
program; defines related terms and regulates grants and financing; establishes
revolving loan and loan guarantee fund.
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A05321 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5321

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 22, 2013
                                      ___________

       Introduced by M. of A. GIBSON -- read once and referred to the Committee
         on Economic Development

       AN ACT to amend the New York state urban development corporation act, in
         relation  to  the planning and development of urban and regional farm-
         ers' markets facilities

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Section  16-n  of section 1 of chapter 174 of the laws of
    2  1968, constituting the New York state urban development corporation act,
    3  as added by chapter 428 of the laws of 2006, is renumbered section 16-v.
    4    S 2. Section 1 of chapter 174 of the laws of  1968,  constituting  the
    5  New York state urban development corporation act, is amended by adding a
    6  new section 16-w to read as follows:
    7    S  16-W.  URBAN  AND REGIONAL FARMERS' MARKETS FACILITIES CONSTRUCTION
    8  PROGRAM. 1.  DEFINITIONS. FOR PURPOSES OF THIS SECTION:
    9    (A) "URBAN OR REGIONAL FARMERS'  MARKET  CONSTRUCTION  PROJECT"  SHALL
   10  MEAN  A  PROJECT  FOR  THE ESTABLISHMENT, EXPANSION AND DEVELOPMENT OF A
   11  YEAR-ROUND URBAN OR REGIONAL FARMERS' MARKET PRIMARILY LEASING SPACE  TO
   12  FARMERS,  FARMER/PROCESSORS  AND CRAFT BUSINESSES FROM WITHIN THE REGION
   13  OF THE GREENMARKET TO SELL DIRECTLY TO CUSTOMERS.
   14    (B) "NOT-FOR-PROFIT CORPORATION" SHALL MEAN AGRICULTURAL COOPERATIVES,
   15  REGIONAL MARKET AUTHORITIES, CORPORATION BUSINESS IMPROVEMENT  DISTRICTS
   16  AND REGIONAL AND COMMUNITY DEVELOPMENT ORGANIZATIONS ORGANIZED UNDER THE
   17  PROVISIONS  OF  THE  NOT-FOR-PROFIT  CORPORATION  LAW OR OTHER STATE LAW
   18  PROVIDING FOR NONPROFIT CORPORATIONS.
   19    (C) "HIGHLY DISTRESSED" SHALL HAVE THE SAME MEANING AS PROVIDED FOR IN
   20  SECTION SIXTEEN-D OF THIS ACT.
   21    (D) "ECONOMICALLY DISTRESSED AREAS" SHALL HAVE  THE  SAME  MEANING  AS
   22  PROVIDED FOR IN SECTION SIXTEEN-D OF THIS ACT.
   23    2.  THE  CORPORATION SHALL, FROM APPROPRIATIONS MADE AVAILABLE FOR THE
   24  PURPOSE, ESTABLISH AN URBAN AND  REGIONAL  FARMERS'  MARKETS  FACILITIES

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04310-01-3
       A. 5321                             2

    1  CONSTRUCTION  PROGRAM  WHICH SHALL OFFER CONSTRUCTION GRANTS PURSUANT TO
    2  PARAGRAPHS (A) AND (B) OF SUBDIVISION 3 OF THIS  SECTION  AND  REVOLVING
    3  LOANS AND LOAN GUARANTEES PURSUANT TO PARAGRAPHS (C) AND (D) OF SUBDIVI-
    4  SION 3 OF THIS SECTION.
    5    3.  TO  THE  EXTENT  THAT  MONIES  ARE  APPROPRIATED FOR THE URBAN AND
    6  REGIONAL FARMERS' MARKETS FACILITIES CONSTRUCTION  PROGRAM,  THE  CORPO-
    7  RATION  SHALL  PROVIDE  FINANCING  FOR URBAN OR REGIONAL FARMERS' MARKET
    8  FACILITIES CONSTRUCTION PROJECTS FOR THE  ESTABLISHMENT,  EXPANSION  AND
    9  DEVELOPMENT  OF URBAN AND REGIONAL FARMERS' MARKETS FACILITIES WHICH ARE
   10  INTENDED TO SERVE THE NEEDS OF THE REGIONAL AGRICULTURAL  COMMUNITY  AND
   11  THE  COMMUNITY  REVITALIZATION  OF  THE  HOST  CITY. THE CORPORATION, IN
   12  CONSULTATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT, SHALL  DEVELOP
   13  A  JOINT REQUEST FOR APPLICATIONS WITH THE DEPARTMENT OF AGRICULTURE AND
   14  MARKETS' COMMENTS ON SOLICITING POTENTIAL APPLICANTS SEEKING  ASSISTANCE
   15  FOR  THE  DEVELOPMENT OF URBAN AND REGIONAL FARMERS' MARKETS FACILITIES.
   16  AN APPLICANT MUST BE A NOT-FOR-PROFIT CORPORATION, MUNICIPAL CORPORATION
   17  OR PUBLIC BENEFIT CORPORATION.   IN DETERMINING  AWARD  RECIPIENTS,  THE
   18  CORPORATION SHALL CONSIDER, AMONG OTHER FACTORS, THE DEPARTMENT OF AGRI-
   19  CULTURE  AND MARKETS' COMMENTS ON THE APPLICATIONS. SUCH FINANCING SHALL
   20  CONSIST OF GRANTS, REVOLVING LOANS AND LOAN GUARANTEES  FOR  THE  ESTAB-
   21  LISHMENT,  EXPANSION,  AND  DEVELOPMENT  OF  URBAN AND REGIONAL FARMERS'
   22  MARKETS FACILITIES.
   23    (A) GRANTS SHALL  BE  USED  FOR  GENERAL  PROJECT  DEVELOPMENT  COSTS,
   24  INCLUDING, BUT NOT LIMITED TO:
   25    (I)  THE  ACQUISITION, DESIGN, CONSTRUCTION, IMPROVEMENT OR RENOVATION
   26  OF THE SITE; AND
   27    (II) THE PURCHASE OF NECESSARY EQUIPMENT.
   28    (B) FOR THE PURPOSES OF  THIS  SUBDIVISION  GRANTS  SHALL  NOT  EXCEED
   29  EIGHTY  PERCENT  OF THE TOTAL PROJECT COST IN HIGHLY DISTRESSED COMMUNI-
   30  TIES; SHALL NOT EXCEED SEVENTY PERCENT OF  THE  TOTAL  PROJECT  COST  IN
   31  ECONOMICALLY DISTRESSED AREAS; AND SHALL NOT EXCEED SIXTY PERCENT OF THE
   32  TOTAL PROJECT COST IN NON-ECONOMICALLY DISTRESSED AREAS.
   33    (C) URBAN AND REGIONAL FARMERS' MARKET FACILITY CONSTRUCTION REVOLVING
   34  LOAN  AND LOAN GUARANTEES. THE CORPORATION SHALL PROVIDE REVOLVING LOANS
   35  AND LOAN GUARANTEES  FOR  THE  ESTABLISHMENT  BY  NOT-FOR-PROFIT  CORPO-
   36  RATIONS,  MUNICIPAL CORPORATIONS OR PUBLIC BENEFIT CORPORATIONS OF URBAN
   37  AND REGIONAL FARMERS' MARKET FACILITIES. SUCH REVOLVING LOANS  AND  LOAN
   38  GUARANTEES  SHALL  BE FOR CONSTRUCTION COSTS, INCLUDING, BUT NOT LIMITED
   39  TO THE DESIGN, CONSTRUCTION, IMPROVEMENT OR RENOVATION AND  MAY  INCLUDE
   40  INTERIM FINANCING.
   41    (D) URBAN AND REGIONAL FARMERS' MARKET FACILITY CONSTRUCTION REVOLVING
   42  LOAN  AND LOAN GUARANTEE FUND. FOR THE PURPOSES OF THIS SUBDIVISION, THE
   43  CORPORATION SHALL ESTABLISH AN URBAN AND REGIONAL FARMERS' MARKET FACIL-
   44  ITY CONSTRUCTION REVOLVING LOAN AND LOAN  GUARANTEE  FUND  ACCOUNT.  THE
   45  CORPORATION  SHALL  DETERMINE THE TERMS AND INTEREST RATES OF SUCH LOANS
   46  TO NOT-FOR-PROFIT CORPORATIONS, MUNICIPAL CORPORATIONS OR PUBLIC BENEFIT
   47  CORPORATIONS, EXCEPT THAT NO LOAN SHALL EXCEED  EIGHTY  PERCENT  OF  THE
   48  TOTAL  PROJECT COST IN HIGHLY DISTRESSED COMMUNITIES; SEVENTY PERCENT OF
   49  THE TOTAL PROJECT COST  IN  ECONOMICALLY  DISTRESSED  AREAS;  AND  SIXTY
   50  PERCENT  OF THE TOTAL PROJECT COST IN NON-ECONOMICALLY DISTRESSED AREAS.
   51  IN INSTANCES WHERE AN OTHERWISE QUALIFIED APPLICANT LACKS  EQUITY  IN  A
   52  PROJECT,  EQUITY  PARTICIPATION  MAY  INCLUDE ANY COMMITMENT FOR GRANTS.
   53  PAYMENTS CONSISTING OF THE REPAYMENT OF THE PRINCIPAL AMOUNT OF THE LOAN
   54  AND INTEREST SHALL BE DEPOSITED BY THE CORPORATION INTO  THE  URBAN  AND
   55  REGIONAL  FARMERS'  MARKET  FACILITY  CONSTRUCTION  REVOLVING  LOAN FUND
   56  ACCOUNT FROM WHICH THE LOAN WAS MADE.
       A. 5321                             3

    1    4. FINANCING  FOR  URBAN  AND  REGIONAL  FARMERS'  MARKETS  FACILITIES
    2  CONSTRUCTION  PROJECTS  AUTHORIZED  PURSUANT  TO THIS SUBDIVISION, SHALL
    3  ONLY BE MADE UPON A DETERMINATION BY THE  CORPORATION,  IN  CONSULTATION
    4  WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND THE DEPARTMENT OF AGRI-
    5  CULTURE  AND  MARKETS THAT SUCH A FACILITY WILL IMPROVE THE AGRICULTURAL
    6  AND URBAN ECONOMIES. SUCH REVOLVING LOANS, LOAN  GUARANTEES  AND  GRANTS
    7  SHALL  ONLY  BE  MADE FOR FACILITIES WHERE THERE ARE INADEQUATE AGRICUL-
    8  TURAL DIRECT MARKETING FACILITIES. SUCH CENTERS  SHALL  DEMONSTRATE  THE
    9  POTENTIAL  TO OBTAIN, FROM APPROPRIATE GOVERNMENTAL AGENCIES, ALL NECES-
   10  SARY APPROVALS, LICENSES, AND OTHER SUPPORTS  REQUIRED  TO  OPERATE  THE
   11  FACILITY.
   12    S 3. This act shall take effect immediately.
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